Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?-DS160-H1B-I130-India

[VisaGCUser]

Hi,

I have been working in the USA since SEPT 2015 on H1B visa. I changed the jobs in AUG 2016. My VISA expired in MAR 2017. However, I have an I797 valid till AUG 2019. I have a travel plan to India in AUG 2018 and returning in SEPT 2018. My wife(on H4)'s brother is going to apply family based GreenCard (I-130) for her very soon. 

With this background, I have a couple of questions...

1. What should I answer for the question "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" in DS-160 form? Can I answer 'No' as I-130 is not yet applied? But, what if my brother-in-law applies for I-130 after I submit the DS-160 with 'No' for the question, but before I appear for the visa interview?; then it would be like, at the time I appear (along with my wife) for the visa interview in AUG 2018, I-130 would be in applied status, so should I have to explicitly mention about the I-130 to the counselor since it wouldn't be mentioned there in DS-160 form? Or should I ask my brother-in-law to hold on applying for I-130 until I return to the USA in SEPT 2018? I personally do not want to make any further delay in I-130 application. Please suggest.

2. Is it OK to give my supervisor's name, her office desk number and the office address for the question "U.S. Point of Contact Information"? Or it has to be someone's home address?

quick response is much appreciated as I have to book the visa appointment as soon as possible.

[nik125]

With this background, I have a couple of questions...

1. What should I answer for the question "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" in DS-160 form? Can I answer 'No' as I-130 is not yet applied? But, what if my brother-in-law applies for I-130 after I submit the DS-160 with 'No' for the question, but before I appear for the visa interview?; then it would be like, at the time I appear (along with my wife) for the visa interview in AUG 2018, I-130 would be in applied status, so should I have to explicitly mention about the I-130 to the counselor since it wouldn't be mentioned there in DS-160 form? Or should I ask my brother-in-law to hold on applying for I-130 until I return to the USA in SEPT 2018? I personally do not want to make any further delay in I-130 application. Please suggest.

Ans: You should ask your Bro in law to apply before you submit your DS 160. That way you can answer YES in the question of DS 160. Please remember if you answer YES they will ask I-130 receipt number so make sure you have it. Or just wait until you get your and your wife stamping done then apply for I-130. I would suggest not to do in middle to avoid any kind of confusion. It is not going to make bigger of difference since PD is anyway not going to be Current soon till next lot of years..

2. Is it OK to give my supervisor's name, her office desk number and the office address for the question "U.S. Point of Contact Information"? Or it has to be someone's home address?

Ans: Yes you can just make them aware that you mentioned your supervisor name as contact info. just in case if they contact them.

Hope this helps.